IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0     ^^  lii 

HI?. 


1.1 


S  lii   120 


^T>^> 


v 


Photographic 

Sdenoes 

Corporatioii 


33  VmST  MAIN  STRHT 

WIBSTIII,N.Y.  I4SM 

(716)  •72-4503 


CIHM/ICMH 


Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Instituta  for  Historical  IMicroraproduction*  /  Institut  Canadian  da  microraproductions  historiquaa 


T«ohnical  wid  Biblioflraphic  NotM/Not«s  tachniquM  at  bibliographiquM 


Th«  Inatitut*  hM  attamptad  to  obtain  tha  baat 
original  copy  avaHabia  for  filming.  Faaturaa  of  this 
copy  which  may  ba  bibHographicaHy  uniqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  significantly  changa 
;ha  uauai  mathod  of  filming,  ara  cliackad  balow. 


□   Colourad  covara/ 
Couvartura  da  coulaur 


nn   Covara  damagad/ 


D 


Couvartura  andommagia 


Covara  raatorad  and/or  laminatad/ 
Couvartura  raataurAa  at/ou  pallicuiAa 


r~l   Covar  titia  miaaing/ 


La  titra  da  couvartura  manqua 


I — I   Coiourfid  maps, 


Cartas  gtegraphiquas  an  coulaur 


□   Colourad  inic  (l.a.  othar  than  blua  or  black)/ 
Encra  da  coulaur  (l.a.  autra  qua  blaua  ou  noira) 


D 
D 
0 


n 


n 


Colourad  piatas  and/or  illustrations/ 
Planchaa  at/ou  illuatrations  an  coulaur 


Bound  with  othar  matarial/ 
RaM  avac  d'autras  documents 

Tight  binding  may  causa  shadows  ur  distortion 
along  intarior  margin/ 

Laraliura  sarria  paut  causar  da  I'ombra  ou  da  la 
distortion  la  long  da  la  marga  intAriaura 

Blank  laavas  addad  during  rastoration  may 
appaar  within  tha  taxt.  Whanavar  possibia,  thasa 
hava  baan  omittad  from  filming/ 
II  sa  paut  qua  cartainas  pagaa  blanches  aJoutAas 
lors  d'una  raatauration  apparaissant  dans  la  taxta, 
mais,  lorsqua  cala  4tait  posslbia,  cas  pagas  n'ont 
paa  itA  f  iimAas. 

Additional  comments:/ 
Commantairas  supplimantalras: 


L'Institut  a  microfilm*  la  maiHaur  axampiaira 
qu'il  lui  a  At*  posslbia  da  sa  procurer.  Las  details 
da  cat  axempieire  qui  sent  peut-Atre  uniques  du 
point  de  vue  bibliographiqua.  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  Is  mAthode  normele  de  filmege 
sont  indiquAs  ci-dessous. 


r~1  Coloured  pages/ 


D 


Peges  de  couieur 

Pages  demeged/ 
Peges  endommegAes 

Peges  restored  and/oi 

Pages  restaurtes  at/ou  peiliculAes 

Pages  discoloured,  stsined  or  foxei 
Pages  dAcolortes,  tachetAes  ou  piquAes 

Pages  detached/ 
Peges  dAtachAes 

Showthrough; 
Transparence 

Quality  of  prir 

QualitA  inAgaia  de  I'impression 

Includes  supplementery  materii 
Comprend  du  metAriei  supplAmentaIre 


pn  Peges  demeged/ 

I — I  Peges  restored  and/or  iamineted/ 

rr^  Pages  discoloured,  stsined  or  foxed/ 

I     I  Pages  detached/ 

r~~^  Showthrough/ 

I     I  Quelity  of  print  variea/ 

I     I  Includes  supplementery  materiel/ 


T 

a 


di 
er 
bt 
rij 
re 
m 


I — I    Only  edition  eveiiable/ 


Seule  Mition  disponible 

Pages  wholly  or  psrtieily  obscured  by  errata 
slips,  tissues,  etc.,  hsve  been  refilmed  to 
ensure  the  best  possible  Image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  per  un  feuiilet  d'errata.  una  pelure. 
etc.,  ont  AtA  filmAes  A  nouveau  de  fapon  A 
obtenir  ie  meilleure  imege  possible. 


This  item  is  filmed  at  tha  reduction  retio  checked  below/ 

Ce  document  est  film*  au  taux  de  reduction  indiquA  ci-deasous. 

10X  14X  18X  22X 


26X 


30X 


»/ 

3 

12X 


10X 


20X 


24X 


2SX 


32X 


TIm  copy  fllinad  iMf*  hat  bean  raprodue«d  thanks 
to  tha  g«n«ro«ity  of : 

BibliothAqua  natlonala  du  QuMmc 


L'axamplaira  ffHmi  fut  raproduH  grica  A  la 
OAnAroaM  da: 

Biblloth^ua  natlonala  du  QuMmo 


Tha  Imagaa  appaaring  hafo  ara  tha  bast  quality 
poaslbia  conaldarlng  tha  condition  and  lagiblllty 
of  tha  original  copy  and  In  kaaping  wMi  tha 
filming  contract  spacif Icatlons. 


Original  coplaa  In  printad  papar  covars  ara  fllmad 
baglnning  with  tha  front  eovar  and  anding  on 
tha  last  paga  vvlth  a  printad  or  illuatratad  Impraa- 
slon.  or  tha  back  covar  whan  appropriata.  All 
othar  original  coplaa  ara  fllnnad  baglnning  on  tha 
first  paga  with  a  printad  or  Illuatratad  Impraa- 
slon,  and  anding  on  tha  last  paga  with  a  printad 
or  lllustratad  Imprasslon. 


Laa  Imagas  suhrantas  ont  At*  raprodultaa  avao  la 
plus  grand  soln,  compta  tanu  da  la  condKton  at 
da  la  nattati  da  raxamplaira  fllmA,  at  an 
conformitA  avac  las  conditions  du  contrat  da 
fllmaga. 

Las  axamplalras  origlnaux  dont  la  couvartura  an 
paplar  aat  ImprimAa  sont  fllmAs  an  comman^nt 
par  la  pramlar  plat  at  an  tarmlnant  salt  par  la 
darnlAra  paga  qui  comporta  una  amprainta 
d'Imprasslon  ou  d'lllustratlon,  sdt  par  la  sacond 
ptot.  salon  la  cas.  Tous  las  sutras  axamplalras 
origlnaux  sont  fllmAs  an  commandant  par  la 
pramiira  paga  qui  comporta  una  amprainta 
d'Imprasslon  ou  d'lllustratlon  at  an  tarmlnant  par 
la  darnlAra  paga  qui  comporta  una  talla 
amprainta. 


Tha  last  racordad  frama  on  aach  microfiche 
shall  contain  tha  symbol  -^  (moaning  "CON- 
TINUED"), or  tha  symbol  ▼  (moaning  "END"), 
whichavar  appllas. 


Un  das  symbolas  sulvants  apparaltra  sur  la 
damlAra  imaga  da  chaqua  microficha.  salon  la 
cas:  la  symbols  -^  signlfia  "A  8UIVRE".  la 
symbols  ▼  signlfia  "FIN". 


IMaps,  platas,  charts,  ate,  may  ba  fllmad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antlraly  included  In  ona  axposura  ara  fllmad 
liaginning  in  tha  uppar  laft  hand  corner,  laft  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  pianches,  tableeux.  etc..  peuvent  Atre 
fllmAs  A  des  taux  da  rAduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  soul  cllchA,  11  est  filmA  A  partir 
da  I'angia  supArleur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  la  nombre 
d'Images  nAcessalre.  Lee  diagrammas  sulvants 
iilustrant  ki  mAthoda. 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

si 


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Thomp  Lord  %1Stdtonj 


V 

William  Pitt,  Earl  6i  Qaxm 


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)pe 


My    LORD, 

TH  E  hill  for  the  government  of  Quebec,  whilft 
it  engages  the  attention  of  the  public,  cannot 
biit  bring  back  to  our  mincls  that  glorious  sera 
when  Canada  was  added  to  the  Britifh  Empire  by 
the  fuccefs  of  his  Majefty's  arms,  as  they  were  then 
direded  by  the  geniusj>  and  animated  by  the  vigour 
of  your  council  s.     It  has  too  often  happened  that 
national  wifdom  has  flept,  while  the  fpirit  of  conqueft 
has  been  awake  ;  whilft  therefore  the  fpirit  of  this 
ation  was  filling  the  veflel  to  the  brim  with  her  trea- 
j^jfures,  the  handle  in  your  hand  ready  to  poiir  them 
ut  on  any  foil  where  your  ideas  cuuM  fuggeft  a  re- 
rn  of  glory,  in  that  feafon,  my  Lord,  it  is  no  won- 
er  that  the  low  and  ftill  voice  of  jurifprudence  was 
ever  heard  ;  but,  at  length,  is  the  time  come  when 
fyftem  of  government  is  to  be  iormed  for  that  ex- 
nlive  country,  differing  from  our  own  in  her  reli- 
gion, her  laws,  her  habits,  and  her  cuftoms.     Had 
Ihequeftion  once  occurred  to  your  Lordfhip  how  that 
•|)ught   to  be  done,  the  poffeflion  of  Canada  might 
ot  perhaps  have  been  the  firft  object  of  your  care 
preference  to   Guadaloupe,   Martii\ique,   and  the 
ther  rich  iflands  which  were  reftored  to  the  French 
^d  Spaniards  in  the  Well-Indies.     But  it  doth  not 
pear  that  the  civil  eftablifliment  of  Canada  had  e- 
|pr  a  place  in  your  thoughts  ;  becaufe after  thirteen 
■*  ars  poffelfion  of  the  country,  your  mind  was  fo 
tirely  vacant  on  this  fiibjccl,  that  1  dont  find  your 
)rdfliip  propofcd  one  idea  of  your  own,  either  for 
e  framing  of  any  law,  or  for  the  amendment  of  that 
,w  which  has  lately  received  the  royal  aflent. 
If  ever  there  was  an  event  on  which  the  public 
ight  demand  an  opinion,  it  had  a  right  to  yours  oii 
efettlcmcnt  of  Canada.     From  your  rank  an  J  ex- 
perience 


(    4    )  . 

pcricrice  in  the  (late,  your  importance  in  your  count 
try,  and,  above  all,  as  the  atchievement  was  yours, 
the  manner  of  maintaining  itlhould  have  been  yours 
^Ifo.  You  was  the  miniftcr,  the  uncontrolled  and 
uncontrollable  minifter  when  Canada  was  conquered. 
'Wh'^n  you  returned  to  power  a  fecond  time,  you 
propofed  no  legiflative  acl  for  its  regulation  and  go« 
yernment ;  mull  I  then  fay  to  you  my  Lord,  *'  Vin- 
**'  cere  fcis,  vicloria  ut  nefcis.*— If  your  abilities  are 
(jonfeffed,  who  can  excufe  your  ncglecl  ?  Or,  if  in 
this  bufineis,  either  inaccuracy  of  head,  inattention 
of  mind,  incorreclncfs  of  judgment,  or  infufficiency 
of  reafon,  may  be  imputed  to  any  man,  on  whom 
f;aR  that  charge  fall  more  juftly  than  upon  your 
Lordfliip  ?  Why  then  did  you  choofe  this  peculiar 
moment  to  brake  forth  from  your  retirement  ?  Sure- 
ly, my  Lord,  your  condeicenlion  is  not  fuch  as  to 
lead  you  to  become  the  mere  harbinger  of  my  Lord 
Mayor,  and  his  addrefs  within  the  palace,  and  of  his 
co-patriots  ivithout^  who  attended  his  Majefty  from 
St  James's  to  the  parliament. 

.  The  daors  pf  the  houfe  pf  Lords  are  fliut,  but  Lord 
Chatham's  expreflions  are  not  (  nor  arc  they  meant 
to  be)  confined.  I  mean  not  to  comment  on  your 
affortment  pf  the  epithets  by  which  you  defcribed 
the  a<El  of  parliament— they  were  atrocious^  Jhallowy 
heft.  Popery,  you  faid,  was  eftabliflied,  the  prq- 
teftant  church  devoted,  and  the  veil  of  its  temple 
rent  afunder ;  and  that  the  King's  miniftcrs  might 
as  well  begin  to  pull  down  all  the  proteftant  fteeples ; 
and  that  thefe  minifters  had  at  length  thrown  off 
the  mafque,  and  opened  their  plan  ot  dcfpotifm. 

This  plan  of  dcfpotifm,  my  Lord,  is  the  fubftituti- 
on  of  an  acl  of  parliament  in  lieu  of  a  government 
by  proclamation  ;  a  proclamation  which  at  firft  was 
didated,  has  been  often  varied,  and  till  this  time  has 

fubfiflcd 


Cubi 


T  count 

yours, 
:n  yours 
lied  and 
iquered. 
me,  you 
and  go- 
,  «  Vin- 
iities  are 
)r,  if  in 
ittention 
ifficiency 
a  whom 
on  your 
;  peculiar 
It  ?  Sure- 
iich  as  to 
my  Lord 
nd  of  his 
efty  from 

but  Lord 
ey  meant 

on  your 
defcribed 
y,  JhaUowy 

the  pro- 
is  temple 
rs  might 

fteeples ; 

irown  oft 

tifm. 

ubftituti- 

ernment 

jSrft  was 
time  has 
fubfiftcd 


(    5     ) 

fubfifted  by  the  mere  will  and  pleafure  of  the  crown! 
it  was  imperium  hominis  that  has  governed  the  Canadi- 
ans fince  the  peace  ;  it  is  imperium  legis  that  is  to  go- 
vern them  hereafter.  Is  it  neccflary  for  mc  to  ex- 
plain to  your  Lordihip  which  is  a  ftate  of  liberty,  and 
which  of  tyranny  ?  Converfant  with  the  hiftory  and 
[fate  of  nations,  your  Lordihip  knows  that  allthofe 
[unhappy  people  who  have  loft  their  liberties,  havefeeii 
thofe  liberties  end  precifely  where  the  government 
of  will  begin.  But  your  Lordfliip  is  pleafed  to  re- 
Iverfe  this  propoiition  ;  and  you,  who  in  your  love  of 
paradoxes  formerly  told  us  that  Canada  was  conque- 
red in  Germany,  now  tell  us  that  this  lame  Canada 
18  inflaved,  becaufe  it  is  no  longer  to  be  governed  by 
proclamation,  but  by  law. 

Let  us  ftop  for  a  moment,  to  fee  what  t'^c  govem- 
ent  of  Canada  was,  under  the  proclamation  which 
u  wifli  to  perpetuate, —  it  comprehended  Eaft  Fiori- 
,  Weft  Florida,  and  the  Granades,  together  with 
nada,  countries  as  different  in  their  eftablifliments 
||s  in  their  foil,  and  in  their  climate  ;  various  there- 
Jbrc  were  the  inftruftions  given  to  their  fevcral  go- 
yernors,  and  afterwards  changed  according  as  info»'- 
ination  and  experience  pointed  out  new  fyltcms.  In 
IJanada  the  French  laws  alone  prevailed  till  1764,  then 
^Ibe  Engliih  laws  got  fome  footing.  The  governors 
ind  officers  of  juftice  always  doubtful  which  to  take 
flir  their  guide,  fometimes  prefering  the  Engliih, 
l^metimes  the  French  laws,  as  each  feemed  applicable 
to  the  cafe  before  them — One  year  a  proclamation, 
ibother  year  an  inftru<^on  to  a  governor,  another 
ar  a  local  ordinance,  changed  the  principal,  and 
ried  the  courfe  of  their  jufticiary  proceedings.  -In 
is  ft  ate  of  fluduation,  no  man  knew  by  what  right 
could  take,  or  give,  inherit,  or  convey,  pofleCs,  or 
ijoy  property  j  or  by  what  mode  or  rule  he  coul J 


bjino: 


'(    6    )  • 

biing  his  right  to  a  trial.  One  neceflary  confequence 
was  a  frequent  refort  to  the  crown  for  amend  men  t, 
explanation,  and  decifion  ;  "cujus  eft  condere,  ejus 
"  eft  interpretari.**— And  what  lefs  than  defpotifm 
is  the  power  of  the  crown,  when  it  can  create  or  in- 
terpret, eftablifli  or  dcftroy  laws,  by  virtue  of  its 
own  mandates  ? 

The  condition  of  thefe  wretched  people  under  this 
government,  is  defcribed  by  Lord  Coke  in  the  very 
motto  which  he  chofc  for  his  works,  "  mifera  eft  fer- 
«  Vitus  ubi  jus  eft  vagum  aut  incognitum.".     I  need 
not  tell  yoiir  Lordlhip  that  the  parliament  of  Henry 
Vlll  gave  the  Kin^*s  proclamations  the  power  of  the 
law ;  It  muft  give  iome  comfort  to  all  fober  people  to 
fee  the  parliament  of^this  day  annul  the  force  of  a 
proclamation,  in  order  to  eftablifli  law.— If  therefore 
I  can  agree  with  you,  mv  Lord,  in  thinking  tl>e  King's 
minifters  are  fo  atrocious  as  to  have  formed  any  plan 
of  defpotifm,  I  muft  agree  with  you  alfo,  that  they 
iire  more  inept  and  Ihallow  in  the  execution,  fince 
they  have  let  go  the  very  power  which  you  fay  they 
grafp  at  ;  and  if,  my  I^rd,  there  could  ever  be  a  pro- 
per time  to  infult  the  King's  perfon  with  a  cry  of  ar- 
bitrary power,  furely,my  Lord,  there  could  have  been 
no  time  lefsfeafonable  than  that,  when  he  was  goinp- to 
give  his  affent  in  parliament  to  reilorc  to  the  Canadi- 
ans their  birth-right  m  thtir  lav/s,  and  to  relinquiih 
that  very  power  which  conqueft  had  put  laJiis  hands. 
This  proclamation,  however,  we  are  told  with  the 
treaty,  and  other  acts  of  royal  authority,    was  con- 
fidcred  as  an  engagement,  under  which  the  colonifts 
embarked  their  perfons,  and  tl;e  merchants  their  for- 
tunes  for  Canada,  and  that  the  national  faith  was 
plighted  to  form  a  government  as  near  as  may  be  a^j-rce- 
able  to  the  law:^  of  England  ;  for  it  is  faid,  that   none 
would  have  embarked  or  traded  thither,  wiciiout  the 

pioipcd 


(    7    ) 

rpe6V  of  Engliih  laws,  and  of  Engliih  juric.  How 

the  real  engagements  has  been  kept,  and  whether 

ly  part  of  the  laws  of  England,  that  could  be  exe- 

Ited,  have  been  with- held,  we  fhali  criquire  bve  and 

re  ;  but  firft  let  me  appeal  to  your  Iord(hip*sknow- 

Ige,  and  the  knowledge  of  every  man,  M'hether  it 

inecefl'ary  there  fhould  be  a  trial  of  jury,  wherwcr 

ir  merchants  export  their  manufadures  ?  In  all  our 

Ireat  foreign  markets  there  arc  no  juries :  in  Amai- 

therc  are  juries  ;  but  if  you  will  alk  the  merchant 

lethcr  he  expels  a  iurer  payment  from  Hamburgh, 

U.  or  from  Boilon,  1  don't  believe  he  wilj  anfwcr 

the  Boflonians.     It  would   be  impertinent,  my 

^rd,  to  introduce  what  I  fhall  take  the  liberty  to  Jay 

m  juries,  with  any  panegyric  upon  that  blefied 

^itution.— Its  praifcs  are  writ  ten  in  our  hearts  :  but 

conflitution  of  juries  may  be  compared  to  a  fa- 

s,  where  every  minute  material  is  effentially  nc- 

iry  to  the  fafety,  ufefulnefs,  and  beauty  of  the 

)le.     Permit  me  then  jufl  to  mention  what  an 

tliih  jury  is,  before  I  aik  what  a  Canadian  jury 

be* 

England,  the  iheriiFina  public  manner  takds  the 

les  out  of  the  lift  of  freeholders,  as  chance  has  pla- 

them.     He  may  return  fix  panels,  which  are  fe- 

^ty  two  jurors,  and  he  cannot  return  lefs  than  four, 

Ich  are  forty-eight  at  every  affize ;  and  that  thefe 

>rs  may  not  become  hackened  in  their  office,  or 

rked  for  fedudion,  none  are  to  be  returned,  but 

have  not  ferved  for  two  years  before  (except  in  ^ 
Idlefex,  where  the  law  has  been  altered,  perhaps; 
the  worfe,  for  Middlefex  juries  though  better 
Coifed,  are  'not  better  than  other  juries  ;)  and  in* " 
rkfhire,  becaufe  of  the  largenefsof  thecounty^  fred- 
Iders  cannot  be  retvracd  but  once  in  four  years. 

Thus, 


.  Thus,  my  Lord,  the  uncertainty  of  who  fhall  U\ 
jurors,  and  the  nature  of  the  office  itfelf  commcnct 
ing  inftuntly,  and  ending  inflantiy  in  public  fourtj 
gives  no  poini/ility  of  previous  folicitation  or  fedudi. 
en  f  but  itill  thcie  follows  a  right  of  challenge,  to| 
exclude  every  man  againft  whom  a  iufpicioix  lies  of. 
partiality  or  prejudice,  whether  from  affedlion,  affi.j 
nity,  or  intercd. 

Let  us  now,  ray  Lord,  fee  what  is  the  fund  for 

an  EngHjbjury  in  Canada  j  the  nun^ber  of  freeholders 

(  I  do  not  fay  there  arc  none  )  is  fmall  indeed ;  there  i 

irc  about  three  hundred  Engliflimen,  who  are  houfe. 

keepers,  and  of  thcfe,  perhaps  thirty  or  forty  arc  of 

the  rank  of  merchants  and  tradcfttien  ;  the  reft  are '! 

diibanded  foldiers,  moil  of  them  futlei*s  ;  and  it  is  a 

Mclaacholy    coniideration  that  their  chkf  traifick  is 

in  fpintuous  liquors,  of   which  they  (hare  pretty 

largely  with  their  cuftomers  th6  confiAion  foldiers. 

The  courts  of  jullice  fit  once  a  week*    The  number 

of  the  better  fort  of  Englifh  will  not  afford  one  legal 

panel  in  the  whole  year,  and  infufficient  to  do  Uie 

bufinefs  of  juries,  even  fuppofing  them  to  give  up 

their  time,  and  every  other  occupation  to  that  fer- 

vice  only  :  Mr.  Maferes  therefore  admits  that  the 

burthen  of  attendance  would  be  intolerable  without* 

pay  ;  and  he  propofes  five  ihrllings  a  head  for  everyj 

time  they  ferve  :  thus  the  office  of  jurymen  would 

become  a  trade,  a  trade  indeed,  that  none  of  the 

better  fort  will  follow,  but  mufl  fall  of  courfe  upon 

thoie  veterans  who  have  left  the  army  for  the  gin-. 

(hop  '  fuch  mufl  be  the  Englifh  jury  in  Canada, 

without  freeholders,    without  chailenge,  without 

change,  and  in  (hort  without  one  attribute  of  an 

Englifh  jury.    Corruptto  optimiJU  peffima,  is  a  true  old  ) 

adage,  and  I  fpeak  it  as  a  proof  of  the  perfection  of. 

an  Englifh  jury,  that  in  an  imperfeft  flate  it  wouldj 

be  the  worit  way  of  trial  upon  earth.     But  itmay| 


('  9    ) 

ifaici  thcr^  are  above  an  hundred  thoufand  Canadt- 

qualificd  to  fcrvc  upon  juries ;  why  not  take  youj- 
Lo)  from  them  ?  Bccaufc  your  Lordihip  will  hard,- 
Inift  the  property  of  your  countrymen  to  a  jury 
[Canadians  only.  But  the  juries  may  be  niixcd,-r 
'what  proportion  ?  If  you  take  an  equal  number  of 
^glifli  and  of  Canadians,  how  are  they  to  decide  at 
J  Or  take  an  uneaual  number,  and  decide  by  vote, 

in  courts  martial)  then  if  the  majority  of  tlie  ju- 
be  Canadians,  the  vcrdiA  will  be  the  fame  as  if  the 
iqle  was  Canadian,  or  if  you  throw  the  majority  on 

ifide  of  the  EngliOi,  where  is  the  impartiality,  on 
lich  the  Canadian  can  depend  ? 

Jefides,  the  civillaw  of  France,  and  the  trial  by  ju- 
in  L.  ;land,  are  fo  diflbnant,  that  the  forms  of  one 

never  be  blended  into  proceedings  of  the  other  ; 

rules  in  refped  oF  tenures,  alienations,  ck)wers» 

inhciitances  are  quite  dilT'crcnt  ;.--how  could  the 

go  on  in  the  two  dilFerent  languages  ?  If  the  CW- 
]ian  fhould  have  a  caufe  to  try,   how  can  his  ad- 

Ue  prepare  the  proceis  for  an  EngliJJi  jurv'f  Or  if 
fgoes  to  an  Englifli  attorney ,  how  i^  the  latter  to 
tie  a  proceeding  according  to  the  laws  of  Paiis  ? 
[But  in  Grimhml  lazv  the  cafe   is  different  ;  for  tQ 

fad  of  giiilt  or  innocence,  one  man  is  as  compe- 
|t  as   another  ;  and  in  our  own  courts,  it  is   the 
tual  practice,  where  a  foreigner  is   to  be  tried,  to 
T  a  jury  de  medieUte  lingucj^  one  half  Engjiili,  one 
fforgigners. 

mean  not,  my  Lord,  a  general  defence  of  the  cri- 
nal  laws  of  England,  as  they  are  of  late  years  mu^ 
Pied  and  extended.     For  if  a  moiety  of  thofe  who 

condemned  were  to  fuffer  death,  their  blood 
>uld  cry  out  for  vengeance  ;  and  lam  pcrfuaded. 
It  the  frequency  of  pardons,  even  where  n;crcy  is 
le,  gives  rile  to  nine  in  ten  cf  the  thefts  and  robbc- 
fs  that  are  committed.    But  the  French  law  of  tor- 

B  -     ture 


(      10      ) 


V- 


tuic  to  prccure  confeffion,  is  tons  unkhown.  On  th<j 
contrary  the  accufed  perfon  is,  or  ought  to  be,  warn- 
cd  from  injuring  himfelf  by  his  own  confeiHoh.  It 
is  but  modern  law  that  any  man  could  be  convicted 
on  his  own  confeffion^  and  even  now  confeffiofts 
ought  not  to  be  admitted  without  thegreateft  caution/^ 

Jo  us  is  unknown  likewife  all  cruelty  of  puni(li.| 
ment ;  no  racks,  or  wheels,  or  inftruments  of  barbari. 
ty  and  tyranny  are  to  be  feen  in  our  executions. 
From  thefe  appendages  of  defpotifm  are  the  Canadi-  ^| 
ans  now  delivered,  and  may  live  protected  in  their 
fortunes,  their  honours,  and  their  lives,  under  what 
I  trufl  will  ftand  for  ever,  the  inpregnable  fortrefs  of 
an  Englifli  jury. 

Tn  the  courfe  of  all  the  evidence  that  has  been  laid 
before  the  public,  we  find  that  the  Canadians  have 
expreffed  one  conftant  uniform  wifh  to  be  governed 
by  their  own  laws,  and  that  the  Engliih  liave  as  fire- 
vently  dcfired  to  be  governed  by  the  laws  of  England. 
The  Canadians  are  above  one  hundred  thoufand,  the 
Engliih  not  more  than  two  thoufand  men,  women, 
and  children.  The  legiflature  was  therefore  to  con- 
iider  whether  the  law  iisd  government  ought  to  be 
adapted  to  the  many  or  thcfezv. 

There  can  be  no  rule  for  the  compofing  of  laws* 
but  the  fentiments  and  inclinations  of  thole  who  arc 
to  be  governed  by  them. 

In  a  Hate  of  nature,  liberty  knows  hO  bound  but 
that  of  fuperior  force. 

'^  Jura  inventa  metu  injufti,"  and  that  portion  of 
liberty  which  each  man  is  willing  to  give  up  for  the 
convenience,  fafety,  and  protedion  of  individuals,  of 
families,  of  focieties,  and  of  Hates,  is  the  firft  principle 
of  law.  It  is  true,  the  multitude  do  not  compofe 
the  form,  but  it  muft  be  framed  to  correfpond  with 
their  genius  and  temper,  fo  that  their  underfiandings 
may  be  prepared  to  meet,  and  their  hearts  ready  to 
cinljracc  it The  habits,  culloms,  and  manners  of 


•.lites  1 
mci 


Bm.  On  th(!i 

be,  warn. 

feifioh.    It 

:  convitled 

confeffiofls 

:eft  caution, 
of  punifli. 
of  barbari" 

executions. 

:he  Canadi. 

ed  in  their 

inder  what 

:  fortrcfs  of 

s  been  laid 
adians  have 
J  governed 
ave  as  fre- 
tf  England, 
mfand,  the 
;n,  women, 
)re  to  con- 
ught  to  be 

ig  of  laws* 
lie  who  are 


)Ound  but 

portion  of 
up  for  the 
/iduals,  of 
I  principle 
t  compofc 
ond  with 
riiandings 
ready  to 
anners  of 


'^ 


(  ««  ) 

people,  are  the  mirror  in  which  alone  thejr  general 
ii'pofition  may  be  feen  ;  even  regard  mufl  be  had  to 
eir  prejudices  and  their  weaknefs  j  for  law  inujl  he 
ded  (  as  Grociushas  exprefled  it)  "cum  fenfu  hu- 
anae  imbccillitatis/'     When  Solon  was  compliment- 
on  having  given  good  laws  to  his  counti-ymenj  his 
ply  was,  *'  rhcy  are  only  fuchas  the  Athenians  are 
capable  of  receiving."    Even  the  lav/  of  God,  as 
ropofed  by  Mofes,  was  fubmit ted  to  t he  iud ;;inent  of 
e  people  before  it  was  adopted  by  tl.cni.  " 
But  ifithefe  rules  are  indifpenfable  in  iUcfirmafion, 
ey  apply  much  more  forcibly  to  the  actual  eftablifh- 
ent  of  law.     If  nothing  but  violence  can  impo/e  law, . 
would  be  dill   greater  tyranny  to  rob  a  nation  of 
t  law  which  they  approve  upon  experience,   and 
ich  is  endeared  by  habit.     Allov^'ing  then  that  the 
nadians  prefer  a  worfe  law  to  a  better ^ven  that  bad 
oice  is  decifive  upon  the  conduct  of  Great- Britain, 
ey  yielded  themfelves  up  to  our  proted:ion  and  our 
th.     How  then  can  we  deprive   them   of  the  fidl: 
ights  of  human  nature  ? 
We  are  now  come  to  that  part  of  {;he  bill  which  rc- 
tes  to  their  religion  ;  and  knowing,  my  Lord,  how 
uch  you  ate  an  admirer  of  civil  liberty,  and  canrc- 
efent  it  with  fo  many  graces  and   advantages,   I 
ould  have  been  glad  to  have  heard  that  your  Lord- 
ip,  with  equal  [:;race  and  dignity,  hadfupported  the 
ufe  of  religious  liberty.     But  it  f'eems  you  declared 
at  no  true  Proteftant  could  fupport  this  bill.— No 
l^ue    Proteftant,  my  Lord,  can  be  a  perfccutpr';  dq 
j|rue  Proteftant  can  harbour  any  fuch  idea  as  thiit  of 
*^ablifhing  religion  by  force.    Is  the  Spaniard  in  Mcx- 
o  to  be  an  example  for  a  Proteftant  Icgillature  ? 
Religious  liberty  is  nearer  to  the  heart   and  confci- 
nee  than  civil  liberty  ;   for  why  are  Roman    Catho- 
ics  deemed  enemies  to  ourconftitution?  Not  bccaulc 

»         illCY 
*  Exodus. 


I 


12 


) 


they  don't  love  liberty,  (\vc  owe  Magna- Charta  {i 
theni)  but  beciiife,  witliout  iiibvcrtiug  tlie  confiitn 
tion  and  the  law,  tht:  iloniilh  religion  can  never  b: 
rcfioi'cd. 

The  reformation  was  not  the  work  of  force.— Rd 
cnce  had  begun  to  dawn,   and  to  diipel  fupcrftition, 
'J  he  tyranny  of  Rome  was  become  hateful,  and  hci 
authoj'ity  contemptible,  when  that  great  event  took' 
place.     The  deiircs  and  opinions  of  the  people  co-in* 
cided  with  thehufnours  of  the  King  :   ;fnd  the  mo-fl 
ment  parliament  had  cibibliflicd  the  Prqteftant  rcli-  'i 
*gion,  it  became  not  the  voice  only,  but  the  acVof  the 
whole  nation.     7  he  cafe  of  Canada  is  totally  diiFe- 
vent.     The  people  there  adhere  to  their    religion^  and 
did  notfurrender  without  a  llipulation  and  folemn  en- 
gagement for  the  free  exerciie  of  it.     Your  Lordfbip 
w  as  Miniftcr  when  the  capitulation  was  granted  by 
Sir  Jeffery  AmhurR,  and  you  f()und  no  lault  with  I 
that  able  General  for  that  prudent  and  Irumane  con- 
ceilion.  This  freedom  was  again  infured  at  the  peace, 
approved  and  confirmed  by  parliament   ?  nor  did 
your  Lordfhipi  in  your  long  difplay  of  eloquence  *  ' 
()n  that  occalion,  once  blame  that  part  of  the  treaty. 
But  you  arc  now  pie:- fed  to  call  themcafure  atrocious^ 
Jhallcr^.  and  inept^  Ix^caufe  it  has  fccurcd  to  the  clerg)- 
their  property,  and  bccaufe  it  has  fubftitiited  an  oatli 
of  allegiance  inftead  of  that  of  fupi  omacy  as  required 
Ijy  the  I  ft  of  Elizabeth.     The  belt  defiinclion  I  know- 
between  eftablifliment  and  tollerationi;,,  thatthe grea- 
ter number  has  a  right  co  the  0:10,  and  the  leffer  to 
the  other.     The  public  maintenance  of  a  clergy  is 
inherent  to  ejiabiijhnicnt ;  at  the  leformation,  there- 
i  ore,  as   much  of  the  church  cttates  as  were  thought 
neceifary  for  its  fupport^wcre  transferred  to  the  pro- 
teftant  church  as   by  law  cilablinied.     Surely  then, 
when  the  free  exerciie  of  the  national  religion  was 

given 
*  Lcrd  Chatham  fpclte  three  hours  and  a  half  againft  the  peace 


C  «^  ) 

Iven  to  the  G;inadian  nation,  itcorld  never  be  un- 
jrftood  that  thcy  were  to  be  dc;;  i    ed  of  ther  cler- 
;  and  if  not,  a  national  proviliOi*  for  that  clergy 
Hows  of  courfc. 

It  has  often  been  afferted,  thut  the  Proteflant  reli- 

)n  has  "been  rooted  out  of  Canada  by  this  bill.  The 

rerfe  is  the  truth  ;  for  no  mar  who  is,  or  may  be- 

ime  a  Proteflant,  is  to  pay  tythe^  Or  a  ^y  church 

tes  to  the  Romifh  eflablifhmeht,  but  the  money  is 

pii  to  be  colleded,  in  order  to  conflitute  a  fund  for 

le  railing  and  fupporting  of  a  Proteflant  church  idl 

mada. 

^Some  have  doubted  whether  thofe  claufes  of  the 

lliz.  v/hich  eflablifh  the  oath  of  fupreniacy,  extend 

any  of  his  Majefly's  prefent  dominions  but  fuch 

[belonged  to  the  crown  when  that  memorable  fla- 

e  was  made/^  If  this  confbrudion  is  a  true  one, 

Canadians  were  not  obliged  to  take  the  oath  of 

>remacy;  and  the  new  oath  which  the  Quebec  bill 

eftabliflied,  is  fo  far  an  acquisition,  and  advanta- 

>us  to  the  caufe  of  proteflantifm,  as  it  adds  to  the 

imoa  oath  of  allegiance,  and  obliges  every  Catho- 

of  Canada,  who  fhall  henceforthexcrciicaPiy  func- 

)n,civil  or  religious  to  renounce  all  pardom  and  d'lfpen-* 

Honsfrom  any  power  or  perfon  iv  ho^upe  ucr  contrary  to 

\at  oath*     But  if  wp  are  to  luppofe  the  abovementi- 

led  conftrudion  to  be  falfe,  and  that  every  part  of 

I  ft  of  Eliz.  extends  to  all  his  Majefty's  prefent  db- 

[nions,  I  will  venture  then  to  afTert,  that  the  Ro- 

m  Catholic  religion  would  not  have  had  in  Cana- 

even  the  advantage  of  a  toleration,  if  the  oath  of 

5remacy  had  not   been  repealed.     For  no  houefl 

>man  Catholic  Piieft  could  have  taken  that  oath  in 

ie  true  fenfe  of  the  words  in  which  it  is  exprer^ 

H  ;  and  if  he  ventured  to  exercifc  any  ecclefiaftical 

Sn6lion  without  having  taken  it,  he  would  have  been 

tbjcwl  to  all  the  penalties  and  difabilities  which  the 

,     y^  law 


(  14  ) 

law  has  in  fuch  cafe  inflicted  ?  and  that  there  arc  per. ' 
fons  in  Canada  ready  to  commence  profecutions  a- 
gainft  every  offender  of  this  kind,wecan  hardly  doubt, 
when  we  recollect  that  one  grand  jury  thought  it 
their  duty  to  make  a  public  prefcntment  of  every  Ro- 
man Catholic  of  the  province  ;  and  muft.  therefore 
have  cbnfidered  them  not  only  as  perfons  not  undci* 
the  protection  pf  the  law,  but  as  offenders  againft  it. 
But  tho*  the  legiflature  has  thought  fit  to  repeal  the 
oath  eftabliihed  by  the  ift  Eliz.  and  to  fubftitute  ano- 
ther  oath  in  the  place  of  it,  which  in  truth  is  no  more 
than  what  has  been  frequently  done  before  ;  yet  the 
King's  fupremacy  is  not  on  that  account  in  any  dan- 
ger,  as  has  been  ignorantly  and  abfurdly  fuppofed. 
The  C^iebec  bill,  inflead  of  giving  up  his  Majefty's 
fqpremacy,  afferts  it  as  eftabliihed  by  the  ift  of  Eliza- 
beth  ;  that  is,  in  all  cafes,  ecclefiaftical  as  well  as  civil ; 
no  ecclefiaftical  officer  or  minifter  can  excrciic  in  Ca- 
nada any  authority  or  jurifdicHon  that  is  not  derived 
from  the  crown  :  and  if  any  man  fhall  hereafter  pre- 
fume  to  exercife  therein  any  powers  derived  fi  om  any 
foreign  authority,  or  jurifdiction  whatfoGvcr,  or  fliall 
malicioufty  and  unadviiedly  endeavour  to  advance  or 
fuppoi  t  the  claims  or  preterifions  of  the  Pope,  or  ot 
any  foreign  prince  or  ftatc,  he  will  fiill  be  fubjed  to 
the  lame  penalties  to  which  he  would  have  been  H^ 
ble  if  the  Quebec  bill  had  never  pafl'cd  ;  and  the  l^vv 
of  England  has  ftill  in  ftore  punifhrnents  fully  fuilici- 
ent  to  deter  the  moft  zealous  Catl>oliG  of  Canada 
from  the  commiflion  of  fuch  an  offence. 

Since  then  your  Lordftiip  has  been  fo  very  fcvcn 
in  your  ftridures  on  (his  part  of  the  Quebec  bill,  let 
me  again  implore  you  to  tell  us  what  plan  you  your- 
felf  would  recommend  :  Would  you  now  conftrue  the 
free  exercife  of  reIi^{rion  to  be  lefs  than  the  Canadians 
tliOLight  it  when  they  threw  tlicmfelves  upon  om 
faith  ?  Would  you  now  become  their  perfecutor  ?  Oi 


C'5) 

^ould  you  ftill  fufFer  them  to  enjoy  their  religion^ 

rith  its  confequential  property ;  but  enjoy  it  not  by 

^e  conftitutional  authority  of  an  Tick  oF  parliament. 

It  by  virtue  of  an  aflual  exercife  of  a  difpeniing 

)wer  in  the  crown  ? 
Your  Lordfhip  is  faid  to  have  aiTcrted  thefe  two 

lings  i  that  the  bill  was  intended  to  raife  a  ftrength 
Canada,  in  order  to  intimidate  other  parts  of  Anae- 

:a  ',  and  then,  that  the  bill  was  injurious  to  the  Ca« 

idians. 
'he  imputed  injury  is,that  the  law  of  France  which 

►defpotifm,  h  entailed^  and  the  law  of  England  which 

^ecdom^  annulled, 

iThere  is  a  diftindlion  to  be  made  between  the  law 
^ance,  and  the  government  of  France, 
•he^ne  «,  the  other  is  not  defpotic.     The  law  of 
mce  originated  in  freedom.     The  Franks  were  a 
)ple  of  Germany,  who  came  and  fettled  at  Gaul : 
Sr  Kings  were  elective j  and  their  power  fo  limited, 
all  their  authority  was  derived  fiom  their  merit 
virtue.     *  They  preferved  their  liberties  till  the 
th  century,  when  they  were  deftroyed  by  the  con- 

Ivance  Engeraurd  de  Marigny,  the  minifter  of  Phi- 
the  fair. 

I  At  this  period  the  dcfpotifm  of  France  began  ;  from 
•ice  may  be  dated  the  fluchiations  in  the  admini- 
ition  of  their  juftice,  the  inft ability  of  property,  the, 
liihments  of  their  parliaments,  together  with  their 
ters  de  cachet,  none  oi  which,  my  Lord,  are  the 
bitutions  of  the  law,  but  the  excefl'es  of  that  pow- 
which  has  arifenupon  the  demolition  of  law.  What 
jlorious  and  happy  revolution  Would  France  expe- 
tnce,  could  you  at  this  moment  rellore  her  ancient 
rs  free  from  the  controui  of  power ! 

This 

:  Reges  ex  nobilitate ;  duces  ex  virtute  fumunt ;  nee  regtbus  infinita 
[  libera  poteftas  Et  duces  exemplo  potius  quam  imperioprxfuat  Tac. 


i^ 


(  '6  )  I 

i 

This  IS  the  very  bleiBng  in  wh*n:h  the  Quebec  bill  in, 
dates  the  Ganadians,  not  torn  from  the  chureh,  but! 
feperated  from  the  ftate  of  Rome  \  they  are  in  pofidHi.  J 
on  of  the  law  which  they  love,  under  a  goverment 
that  muft  take  that  law  for  its  guide,  where  the  mi,  1 
niiters  of  the  crown  can  neither  illue  a  general  war- 1 
rant,  nor  impi  iibn  by  a  lettre  de  cachet^  but  every  il.  ] 
legal  or  opprefllve  ad  that  would  be  impeachable  and 
punifliable  againft  an  Englifhman,  will  be  equally  cri-  i 
minal,  in  refpect  of  the  Canadians.  I 

One  word  to  the  policy  of  this  bill,  and  1  have  done. 
I  do  not  mean  to  confider  the  generjJ  policy,  whether 
England  had  better  have  refted  upon  her  natural  in* 
nate  ftrength,  or  have  become  the  head  of  a  divided 
empire,  over  different  nations  of  different  faith.  Her 
former  flate,  as  in  the  days  of  Queen  EUzabeth,  was 
the  theme  of  poetical  rapture.  ^ 

Oh  England  model  of  thy  inward  greatnefs^  I 

Like  little  body  with  a  mighty  heart, 

Shakespeare. 
Was  the  fame  poet  to  celebrate  your  adminiftrati- 
on,  he  woujd  fpeak  of  England  as, 

■■ — Bejhciding  the  worlfi 

LikeaColoJfus. ••-  «*^ 

But  my  Lord,  whomever  we  preteiid  to  govern, 
whether  natural-born  fubjecls  or  adopted  ones,  ihis* 
is  certain,  that  that  policy  is  befl,  which  is  beft  cal- 
culated to  unite  them  all  ia  one  common  bond  of 
intereft,  affedion,  and  duty. 

Here5my  Lord,  let  me  alk>what  was  your  oWedin  \ 
actptiring^  what  in  retaining  Canada,  but  that  France 
might  not  have  at  her  command  a  body  of  men,  ci- 
ther  to  attack  our  American  fettlements  in  time  of 
war,  or  harafs  them  in  time  of  peace,  by  inciting  the 
native  Indians  to  invade  them  ?  Would  you  wifh,  my 
Lord,  to  fpoil  the  fruits  of  your  own  conqueft  in  the 
wofft  manner  poffible  f  Which  would  be,  to  keep 
/  •  the • 


i 


^Wi 


rpverment 

:re  the  mi*  'M 


have  done, 
y,  whether 
latural  in^ 
f  a  divided 
faith.  Her 
ibeth,  was 


SPEARE. 

iminiftrati- 


to  govern, 
I  ones,  ihis' 
is  beft  cal. 
a  bond  of^ 

urobjedin 
that  France 
of  men,  ci« 
i  in  time  of 
nciting  the 
u  wilh,  my 
queft  in  the 
)e,  to  keep 
■  ^     ^  th€! 


V 


hearts  of  the  Canadians  devoted  to  France,  wheh^ 
fhe  might  call  them  to  arms, 
ut  there  is  another  confideration  which  makes' 
afFe<5lion  of  the  Canadians  dill  more  defneablc. — 
ould  be  afraid  to  mention  it  if  your  Lordlhip 
not  proclaimed  it  already  j  it  is  the  prefent  ftate 
Boilon  :  Should,  my  Idrd,  (which  God  avert)  a 
1  neceflity  arife,  (as  your  Lordfhip  has  been  too 
both  to  prognofticate,  and  to  advife)  to  ccerce  A- 
ica;do  you  wilh  in  that  melancholy  eVent,  to 
bine  the  heart  of  the  Canadian  with  that  of  the 
onian  ?  Was  Canada  now  in  the  poffeflion  of 
ce,  and  fliould  the  Boftonian  refoive  upon  re- 
n,  there  can  be  no  doubt  whither  he  would 
for  fupport,  and  for  encouragement.  But  ihe 
of  that  hdp^  tnay  happily  difpofe  him  to  better 
ghts. 

theh,  my  Lord,  the  CJuebec  bill  is  founded  in 
firft  principle  of  all  law,  the  concurrence  and  ap^ 
ation  If  the  people,  and  if  its  end  is  that,  for  which 
koyemtnent  ought  to  be  iiiftituted,  the  hafpinefs  of 
pverned^  then  will  this  bill  which  you?;  Lordfhip 
ght  atrocious y /hallow^  ^nA  inept ^  appear  confonant 
uice,  wifdom,  benevolence,  and  policy  ;  and  the 
ature  of  thb  country  will  have  followed  an  il- 
ous  example  of  antiquity  in  making  fuch  regu- 
ns  for  the  Canadians  ;  "  ut  in  iua  ripa  legibufque 
is,  mente  animoque  nobifcum  dgant." 


:  .'  -A      •  <•  » ^  •        •  *      •    .»      -     •  •       *   •  '  •      •  • 

•  •  *•><,  »      "•    *  •  •    *  .  . 


XM: 


